"KRS 421.520 (1) provides that a victim has a 'right to submit a written victim impact statement to the probation officer responsible for preparing the presentence investigation report for inclusion in the report or to the court should such a report be waived by the 'defendant.' Pursuant to this statute the Office of the Commonwealth’s Attorney is required to notify victims of this right and, in so doing, we provide them with a written form on which they can make the statement. KRS 421.520 (2) adds that 'the impact statement may contain, but need not be limited to, a description of the nature and extent of any physical, psychological or financial harm suffered by the victim…'

"While we do not tell victims what to write, we would never sanction or endorse any racist or other inappropriate language. I agree with Judge Olu Stevens that we must confront overt racist language and practices. Additionally we would not ignore unintentional racist language or practices. We would disavow in court any victim impact statement that was racist. I do not, however, believe that the language in the Wallace victim impact statement was racist nor was it intended to be racist. The mother of a 3 year old was describing how the home invaders, armed with guns, affected her family. She differentiated how the adults and the child were affected. Our Assistant Commonwealth’s Attorney prosecuting the case tried to explain in court why a 3 year old would act as described.

"Our office has learned that since the appearance of news stories regarding the sentencing in this case Judge Stevens has received numerous threats and racial insults. We are deeply disturbed by these reports. While every citizen has a right to express their views about elected officials, we strongly believe that disagreements should be made civilly, without threats and without racial animus."